Man Who Did Not Fire A Shot Found Guilty Of First Degree Murder

Illinois has statute under 720 ILCS 5/9-1, that sets forth in pertinent part:

“A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death, he is attempting or committing a forcible felony other than second degree murder.”

That means that if John plans to rob a house and takes Sam along, and the homeowner kills Sam, that John is charged with first-degree murder for Sam’s death. Only in Ogle County, Illinois, prosecutors saw it as manslaughter.

In October, I mentioned the following two cases in a blog article. To refresh our memory;

Cody Moore

In April 2008, Cody Moore, 19; drove Nathan Whitmire, 17; Justin Doyle, 15, and Travis Castle, 14, to a home in neighboring Ogle County. Moore knew that the owner of the house was in the hospital, and drove the other guys there to rob the house of guns and money. He did not know, however, that there was a house guest. The house guest heard breaking glass and coming out of the bedroom, saw 14-yr-old Travis with a gun and fired two shots. One grazed Travis on the neck, and the other was fired into his chest, killing the 14-year-old.

Justin Doyle

Cody Moore, Nathan Whitmire and Justin Doyle were charged with home invasion and first degree murder.

Cody Moore was offered a plea deal and sentenced to 30 years for home invasion , with a concurrent sentence of 5 years for involuntary manslaughter.

Nathan Whitmire

In exchange for a plea of guilty to residential burglary, the State dismissed charges of felony murder and home invasion against Nathan Whitmire. He was sentenced to 12 years.

Justin Doyle was sentenced to 5 years for involuntary manslaughter, and 30 years for home invasion.

Illinois was not so gracious to Lamar Coates, Desmond Bellmon, and Brandon Sago.

Lamar Coates

In October 2011, off duty sheriff’s deputy Frank Pobjecky was in Marie’s Pizza in Rockford when Lamar Coates, Desmond Bellmon, Brandon Sago and Michael Sago Jr. entered the restaurant. Lamar Coates had a gun and tried robbing the restaurant. When Pobjecky got the owner’s gun, all four ran. All four were shot by Pobjecky. Three survived. Pobjecky shot unarmed 16-year-old Michael Sago, Jr. 3 times in the back. Michael fell to the ground and laid bleeding in the parking lot until he died.

Desmond Bellmon

Coates, Bellmon, and Brandon Sago were charged with felony murder for Michael’s death because police say they were committing an armed robbery at the time. Prosecutors also charged Coates with attempted murder of Pobjecky and the owner of Marie’s Pizza. A judge dismissed those charges.

Rockford Police Chief Chet Epperson said, “We’re sending out a strong message with State’s Attorney Bruscato with this case, all other future cases, your actions have consequences and if you’re going to rob in Rockford, we’re going to build a case against you and we’re going to present it to the state’s attorney.”

However, robbery is not the problematic charge. What Chief Epperson should have said was the consequences for an off-duty deputy sheriff committing first-degree murder, is to transfer those charges to the attempted robbers, even the unarmed parties — unless you are tried elsewhere in Illinois.

Lamar Coates was the first to go to trial. He was found guilty and sentenced to 40 years. Coates was the one with the gun.

Desmond Bellmon pled guilty to murder last month. As part of his plea deal, Bellmon took the stand and testified against Brandon. Bellmon’s sentence hearing is scheduled for December 27, 2013.

Brandon Sago in court

On December 4, 2013, trial began for Brandon Sago, who was put on trial for Michael’s murder, although he had no gun. At Brandon’s trial, prosecutors argued that Brandon is responsible for the death of his cousin Michael Sago Jr. They argued that if he, Desmond Bellmon, and Lamar Coates hadn’t’ attempted to rob Marie’s Pizza in October of 2011, that Sago wouldn’t have been shot by off-duty deputy sheriff Frank Pobjecky. Fine, but why not charge them with involuntary manslaughter as they did Cody Moore and Nathan Whitmire in Ogle County?

At Brandon’s trial, Deputy Frank Pobjecky testified, saying that after Lamar Coates pointed a gun at his face, he didn’t’ know if the other suspects had a weapon. During closing argument, the defense argued that Pobjecky never saw any of the other men pull out a gun and that he just started shooting.

I waited for the defense to argue that Deputy Pobjecky shot unarmed, 16-year-old Michael Sago, Jr. 3 times in the back, while he was on the floor. No reports say whether the defense made that point. Pobjecky did not have to shoot him in the back, but he did, and now three young men have been found guilty for Pobjecky’s cold blooded murder.

Deputy Frank Pobjecky

After a three (3) day trial, the jury deliberated for four (4) hours and returned a verdict finding Brandon Sago guilty of all counts; attempted armed robbery, mob action, and first-degree murder. Society sees nothing wrong with the guilty verdict for armed robbery, but it was Pobjecky who intentionally fired three bullets into the back of another human being. We just might believe that involuntary manslaughter applies since that was the charge meted out to those in Ogle County.

In the surveillance video, Pobjecky is seen pointing and firing the gun at Michael while Michael is on the floor, crawling to the door.

The disparity in the application of the law, when comparing the cases of Cody Moore, Nathan Whitmire, and Justin Doyle, to the cases of Lamar Coates, Desmond Bellmon, and Brandon Sago, speaks volumes.

I don’t want to say the disparity is because of race, but what else could be the reason for the disparity in the application of law?

Well, Xena, I sat as a juror on one of cases for the Marie’s pizza trial. Did you know that the entire incident (from the times the robbers entered the restaurant to the time officer Pobjecky locked the door) was 37 seconds long? While you were able to view the clip from the surveillance camera in slow motion from a view from above, Office Pobjecky was not able to see all that you saw. He was making split second decisions defending his life and the life of the others in the restaurant. When the men came in, all had masks and hoodies up. One had a loaded revolver pointed at the head of the restaurant manager demanding the money. There were 4 robbers running around the restaurant. In 37 seconds, Officer Pobjecky is to know who has a gun, where everyone is, and what is going on all around him? He is human, you know? Did you know that one of the robbers punched the delivery driver numerous times and that some of the robbers jumped in to help the gunmen when the manager of the restaurant tried to get his gun away? Did these robbers try to run away when they saw a struggle ensued? No, they all ran to the middle of the restaurant to try to overtake the others in the restaurant. These 4 robbers knew they were entering a business that was open and people were inside. They took in a loaded revolver and pointed it at people and threatened their lives. As compared to the other case you reference, these men entered a home they thought was empty. They did not “forsee” encountering other individuals. Of course, I was not a juror on that case but having sat through the one I did, there are major differences when looking at what Illinois law stipulates when finding someone guilty of murder while committing a felony.

Mary,
First, how did you find this blog? You’ve not commented previously, and I’m curious as to how and why you found it today.

Second, you seem to think that Coates pointed the gun at more than one person. That’s not what Tarara testified.

Do you remember your juror instructions? If so, I’d like to read them.

Let me be clear on this also — anyone who comes into a business with a gun to rob it deserves to be put under the jail pursuant to what the law allows. Read the article again and maybe you will see that the point brought to attention is not about armed robbery.

It could have been 37 seconds or 37 minutes –what is clear is that the deputy sheriff continued to fire point blank into Michael’s back while Michael was on the floor. Michael is dead. Three men who did not kill him have been convicted of 1st degree murder. Pobjecky will have to live with his conscience.

The video does not show any customers. If there were customers present as witnesses, were they called to testify at trial?

You wrote:

Of course, I was not a juror on that case but having sat through the one I did, there are major differences when looking at what Illinois law stipulates when finding someone guilty of murder while committing a felony.

Law does not stipulate. You might want to look up the definition of that term.

I cited the law in the beginning of the article. I have no problem with it. The position that is called to attention is that the same law was disregarded and involuntary manslaughter was allowed in another case. In that case, Travis Castle was holding a gun. Micheal Sago was not.

Two of the three men in the Castle case received a sentence of five years for involuntary manslaughter when the same law applied to them that applied to those in the Sago case. How is that equal justice?

There is a blatant disparity in the law of that there is no doubt. What would make a young person expect anything like fair, when helping commit an armed robbery or while committing any crime with a gun, is also beyond me. To have shot the man 3 times in the back while already being down is murder. Most citizens will never see it that way though. You and I know this is wrong.

Mindyme. I think that most citizens do see that being shot 3 times in the back is murder. Illinois law says that if we decide to rob a place, you are the one with the gun, and the owner kills me, that you are charged with my murder. That’s the law.

There is another case where the same law applies, and the person killed was actually holding a gun. Two of the three guys that brought him there to rob the place were sentenced to 5 years each for involuntary manslaughter — when that’s not the law. Homicide charges against the third guy were dropped.

Here, all 3 were charged and found guilty of 1st degree murder.

Illinois has now sent the message to armed robbers that it’s not the crime, but other personal things that make the difference between 5 year and 40 year sentences.

Xena, While each of the men involved in this case deserve to be in prison for the armed robbery they were guilty of, I do have a serious problem with the Murder charge especially with this in mind…

“that Deputy Pobjecky shot unarmed, 16-year-old Michael Sago, Jr. 3 times in the back, while he was on the floor.”

The shooting of this man in the back after he was on the floor was an act of anger and quite frankly in my eyes an act of murder… Yet no charges against the officer for the use of excessive force… At some point in our society we are going to be forced to make changes to ensure that all people are treated correctly and with respect for life…

The shooting of this man in the back after he was on the floor was an act of anger and quite frankly in my eyes an act of murder… Yet no charges against the officer for the use of excessive force…

Well, the Chief of Police and/or Sheriff said that because Deputy Frank Pobjecky was off-duty, he was acting as a civilian — not subject to rules and policies regarding excessive force. He was placed on administrative leave (paid vacation) but was subsequently cleared and returned to work.

Michael Sago’s family has filed a suit against Pobjecky. Since he deliberately shot Michael in the back, (not once, but three times), it’s going to be an interesting case.

“Pobjecky was off-duty, he was acting as a civilian — not subject to rules and policies regarding excessive force.”

Strange comment from the Sheriff, I remember numerous times thru the years, before concealed carry became the rage (and legal) that the reason that police officers were allowed to carry their weapons when not in uniform was because they were Police Officers and “NEVER” off duty… This seems to be another case where the officer is forgiven of his crimes simply because he was an “officer of the law(less)”… Too bad they can’t make a set of rules that apply to the police of this nation that are fair, and then actually hold them accountable for their actions, much as they do the civilian portion of our society… The idea that if a civilian does something it is a crime, but if a police officer does the same thing it is not, needs to be changed….

Turns out that the gun Pobjecky used was owned by Vincenco Tarara, the owner of Marie’s Pizza. Illinois has what is called Firearm Owner’s Identification or FOID. People fill out the application, enclose the fee and a photo, and are given an ID card identifying them as the owner of firearms. With a FOID card, people can legally have a firearm in homes and businesses.

To shoot the armed robber to prevent the robbery — fine.
Shooting at the rest as they ran? Not fine. If they were running, they were not a threat. The one armed who was wounded would have turned in the others.

But, what Pobjecky did was fire directly and intentionally into the back of the unarmed 16 year old even after he had fallen to the floor. That’s not fine. That’s murder.

Xena, I was aware that Illinois does not have a usable concealed carry law at this time, and I had read the article, so I knew it was not his gun that was used, and was actually reflecting on the statement from the sheriff about being off duty. I was attempting, however poorly, to make the point that for years we have been told by various police representatives that a member of law enforcement is “never” off duty… but this Sheriff used “he was off duty” as an excuse for the lack of charges for the deputy for this murder… You might note in my first post, that I, like you feel this was an act of murder by Pobjecky. It is a true coward that will shoot a person in the back as they are fleeing.. Perhaps my words here are more understandable? Have a wonderful afternoon…

Xena, Young lady, you have done nothing for me to forgive… As I read comments in many spots it seems as people post their thoughts without reading the article and the links provided by the author, so I make it a point to read before posting. Granted some times when I go back and read the article again I realize that I have missed some points that were important…. I really do appreciate you and the articles you write and some times are amazed at the truths that you discover for us to ponder… I, on the other hand, have a problem many times in transferring my thoughts from my few remaining brain cells to my fingers and into words that convey the thoughts that I am wishing to make… It seems that at times my words offend and cause unwanted damage to others. I’ve reached the point that I’m about to stop posting and simply read, simply to avoid offending people that I hold in deep respect.. Ok, I’m going back silent and getting ready to go for a walk in the snow and make sure that none of the local critters are in trouble and or need food or water… Have a wonderful afternoon..

I’ve not had a problem understanding the tone of your comments. They are not hostile neither rude. it was my mistake being compassionate and responding without respecting you personally. For that I apologize.

CrayCray,You know what, i remember hearing that same thing about cops NEVER being off duty!
Officers are trained physically to react to stressful situations in accordance of the law and many do freelance security work at bars, casinos etc.where they are also armed. do they then FORGET the laws because they’re off the cop clock???!!

i just saw this vid yesterday and i LOVE this idea! i’m gonna look at their website or whatever they have and see if they’re still active.

Xena, we should support these guys. i’d love for them to come to Miami and check on Miami Gardens police and go talk to the Quick stop owner and give him some tips.
i can’t wait to meet the shop owner myself. and because i’m expecting to make some sort of contact with police there, even if at another place, because i want to talk to one, i’d like to take a lawyer friend or even another cop from my city, but i don’t want to go alone because sometimes i’m not as pleasant and sweet and soft spoken as you know me to be 🙂

shannoninmiami, Great video! I would suspect that in many areas of the country, actions like he was taking would not be well received by the law enforcement community, and would probably lead to an arrest… Too bad, that it is that way, but if the people in the communities would do this, it would soon change…
I wish that you were closer, I would love to go to Miami Gardens with you and talk to the people and even engage the PD in conversation… but unfortunately my budget would not allow a trip like that at this time… Keep us posted as to what takes place when you do go, I would guess that we could take up a collection to bail you out if you are arrested 😉

Once again Xena thank you for an excellent post. It’s very important that these racial double standards are exposed and highlighted. I also appreciated how you highlighted the application of the law(or what’s supposed to be) to Mary the juror. It never fails how interpretation of law is. This reminds me of a home invasion turned deadly in Texas earlier this yr. Once again you show why the awards are deserving.

“Double-standard” is right. From the basis of that law that holds perpetrators responsible when death and/or injury occurs during the commission of a felony, Illinois has already demonstrated placing value on the lives of the deceased by placing less value on the lives of the perpetrators. This is what I mean — was Travis Castle’s life less valuable than Michael Sago’s?

Two of the three perpetrators involved when Travis was killed received 5 years each for involuntary manslaughter. The law applied to them, but they were allowed to circumvent that law.

NoJustice. Thanks for commenting. Sheriff Myers has ran for re-election unopposed for maybe a decade or longer. He is retiring and not running for re-election. Those bidding for the Democratic ticket do not include Pobejecky. The most recent news on that race is at the following link.

Regarding the prosecution of Coates and company, there are politics behind it. One reason that crime has increased in Rockford is because the State Attorney’s office select only the most controversial cases to prosecute. Who commits crime also factors into their decisions. Even some police tell citizens that they can take a report, but the SA will probably not prosecute if it’s not a felony, or doesn’t get him before the media.

crazy1946. No candidates for Sheriff on the Republican ticket have yet been announced. They will run someone who has no chance at winning. The Sheriff’s position belongs to Democrats. The coroner’s position belongs to Republicans. Once in office, they run unopposed. They could be the only voter casting a vote for themselves and win.

crazy1946. The news in our area is very limited. We have one daily newspaper and if you want to read it online, you have to subscribe. When certain issues involve certain people, that newspaper will not report on it. It’s more of a social and arts newspaper.

Television news is whatever they can put into 30 seconds, or in one paragraph on their onsite sources.

Even then, most of what is reported happens outside of Rockford.

The best resource for news was a restaurant in downtown Rockford. The city passed new ordinances for restaurants that had living quarters above them. That restaurant could not afford the new fans/exhaust system and closed. There were older people who patronized there along with government employees and attorneys, and they had the inside and outside scoop. 🙂

Xena, perhaps you are referring to the original link? I figured the source was pro Democrat by the way it was written, but I suppose the brief mention of the GOP/TP candidate was a slight on their part…

Xena, As a reformed and former member of the GOP, I have a very hard time with dealing with the “anti-agenda” of the current Tea Party. When they first started up, I actually think that many of them had some valid points and complaints, but as the movement has evolved they have lost sight of the goal and have simply decided to stand still (or back up) in time and say “NO” to anything that is or has been proposed by the lawfully elected POTUS… I can say this, I may not like some of the things that he has done or proposed, at least he is attempting to improve this nation in a positive manner, and for that alone he is worthy of respect… Now about the link, it would seem that the TP faction in your area are refusing to accept that anyone they don’t support could be running for the office… As far a shoveling the snow, I think that I will use the Kentucky policy in regards to snow and ice, simply stated, God put it on my driveway, and God will take it away with out my help…. 😉

crazy1946. The Tea Party didn’t get to a good start in Rockford. Some walked with signs saying that President Obama was a Muslim. I engaged one person by asking what he thought of Rev. Wright. After he finished his diatribe, I asked, “So which is it? Is Obama a Christian who sat under Wright’s mentorship, or is he Muslim?”

The guy took the Palin pattern; didn’t answer my question but said, “And he wasn’t born in America. His grandma said so.”

Me? “His grandmother said that she saw Barack Obama being born. That’s true. His dad’s name is Barack Obama.”

Then I figured it was time for me to part ways before he hit me with his sign. LOL!

As far a shoveling the snow, I think that I will use the Kentucky policy in regards to snow and ice, simply stated, God put it on my driveway, and God will take it away with out my help…. 😉

Yeah, but if I don’t shovel, I won’t be able to get out of my driveway. Thank God for snow blowers. 🙂

NoJustice. Thank you so much for the link. I stand corrected about Pobjecky not running for Sheriff because what we hear mainly concerns the Democratic primary.

From the article:
“Deputy Frank Pobjecky says his six years with the county and time in the army, make him the right man for the job.”

IMO, he’s not going to impress anyone with a mere six years as a deputy Sheriff. Also from the article;

“”You read the newspaper and there’s a robbery to a citizen… or another shooting… that’s the whole point of having more boots on the ground is you know we have to deter that. We have to let the criminals know we are in the street. We are watching. We will protect the victims,” said Pobjecky ”

Funny thing. I see the Sheriff providing security at the courthouse and Public Safety Building, and serving summons, but have not seen their “boots” on the ground in Rockford. Rockford has its own police department. Maybe Pobjecky is talking about rural sections of Winnebago County. You know, like those sections with cattle farms and corn fields. Also from the article:

“Pobjecky shot and killed one of the men, Michael Sago Jr. As for the others, Desmond Bellmon pled guilty to murder earlier this month. His sentencing is December 9th.”

They conveniently left-out that Michael Sago Jr. was 16 years old, unarmed, and that Pobjecky shot Michael three times in the back as Michael was crawling away after being shot once.

We now know that Bellmon’s sentencing was delayed. Prosecutors wanted him to first testify against Sago.

Hey Yahtzee. I pray the same — been praying a very long time. I’ve come to learn that without evil, there is no appreciation for good. Without unrighteousness, there is no recognition of righteousness. Without injustices, people are less inclined to gain knowledge to know the difference.

You and others. They cant’ stand to read any comments about Zimmerman, even when it’s Zimmerman’s own words. LOL!! Give me a moment. I’ll release the comment but blacklist the IP. Of course, we know who it is; i.e., the proxy IP address coward. He’s been blocked from accessing this blog by so many of those websites, that he’s now using a proxy website hosted by a company located in Egypt. Tomorrow, he’ll have to search for yet another proxy IP address website.

i don’t remember the jury instructions part, i don’t think i was watching at the time. and since the trial this clip is the only audio i’ve heard. but i read a portion other than this bit that was literally verbatim of the SYG statute that wholly skipped the first aggressor portion!!

this bit coming from nelson sounds like she’s actually telling them that this pig had every right to just shoot Trayvon period. i need to drum up the strength to listen to all the instructions but it’s just so difficult for me. the whole trial is hard to hear knowing the outcome. but i seem to have a strong sensitivity specifically to audio as opposed to visual things and it can be very disturbing emotionally and physiologically. i know other ppl are more visual and we’re all different but i’d like to know how you guys deal with things like this without getting so upset or ill that it affects your day??!!

Shannon. Judge Nelson did not allow the initial aggressor part to be in the jury instructions. Since that is part of the law, it was a miscarriage of justice to omit it, while allowing the part of no duty to retreat.

i know other ppl are more visual and we’re all different but i’d like to know how you guys deal with things like this without getting so upset or ill that it affects your day??!!

We’re different and that is what makes a “body.” I can’t speak for others, but for me personally, I want knowledge and facts, whether good, bad or indifferent. I want to see how mankind operates in the realm of deception, as well as the realm of truth.

There’s a strange thing about “justice.” It says that courts obtain the facts and apply the facts to the law. Yet, it allows courts to order that certain facts not be permitted. At the end of trial, regardless of facts, and as we have seen with Judge Nelson, it allows jury instructions that omit laws.

I also heard Judge Nelson read instructions to the jury that said for 2nd degree murder and for manslaughter, the prosecution did not have to prove Zimmerman’s intent. When I heard Maddy, Juror B29 say that the law was “read” to her in the jury room, by another juror, to say that the State had to prove intent in order to convict Zimmerman, it saddened me. Her ignorance is what set Zimmerman free.

In Sago’s case, like in Zimmerman’s case, jurors do not understand how their decisions give others “lawful” right to deliberately kill.